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202405520 <br />DEED OF TRUST <br />(Continued) Page 2 <br />Nebraska law. <br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of <br />Trust: <br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, <br />charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall <br />pay when due all claims for work done on or for services rendered or material furnished to the Property. Trustor <br />shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of <br />Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of <br />Trust. <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of <br />Trust. <br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended <br />coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real <br />Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee <br />clause in favor of Lender, together with such other hazard and liability insurance as Lender may reasonably require. <br />Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a <br />company or companies reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender <br />from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that <br />coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each <br />insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired <br />in any way by any act, omission or default of Trustor or any other person. Should the Real Property be located in <br />an area designated by the Administrator of the Federal Emergency Management Agency as a special flood hazard <br />area, Trustor agrees to obtain and maintain flood insurance, if available, within 45 days after notice is given by <br />Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan <br />and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood <br />Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. <br />Flood insurance may be purchased under the National Flood Insurance Program, from private insurers providing <br />"private flood insurance" as defined by applicable federal flood insurance statutes and regulations, or from another <br />flood insurance provider that is both acceptable to Lender in its sole discretion and permitted by applicable federal <br />flood insurance statutes and regulations. <br />LENDER'S EXPENDITURES. If Trustor fails (A) to keep the Property free of all taxes, liens, security interests, <br />encumbrances, and other claims, (B) to provide any required insurance on the Property, or (C) to make repairs to the <br />Property then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's <br />interests in the Property, then Lender on Trustor's behalf may, but is not required to, take any action that Lender <br />believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will <br />then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment <br />by Trustor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on <br />demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment <br />payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of <br />the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed <br />of Trust: <br />Title. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in fee simple, <br />free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any <br />title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection <br />with this Deed of Trust, and (b) Trustor has the full right, power, and authority to execute and deliver this Deed of <br />Trust to Lender. <br />Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the <br />title to the Property against the lawful claims of all persons. <br />EVENTS OF DEFAULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the following <br />happen: <br />Payment Default. Trustor fails to make any payment when due under the Indebtedness. <br />Break Other Promises. Trustor breaks any promise made to Lender or fails to perform promptly at the time and <br />strictly in the manner provided in this Deed of Trust or in any agreement related to this Deed of Trust. <br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this <br />Deed of Trust, the Note or in any of the Related Documents. <br />Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment <br />for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. <br />Death or Insolvency. The death of Trustor, the insolvency of Trustor, the appointment of a receiver for any part of <br />Trustor's property, any assignment for the benefit of creditors, any type of creditor workout, or the <br />commencement of any proceeding under any bankruptcy or insolvency laws by or against Trustor. <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, <br />or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party <br />dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the <br />Indebtedness. <br />Insecurity. Lender in good faith believes itself insecure. <br />Right to Cure. If any default, other than a default in payment, is curable and if Trustor has not been given a notice <br />of a breach of the same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured if <br />Trustor, after Lender sends written notice to Trustor demanding cure of such default: (1) cures the default within <br />twenty (20) days; or (2) if the cure requires more than twenty (20) days, immediately initiates steps which <br />Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and <br />completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. <br />RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default under any indebtedness, or <br />should Trustor fail to comply with any of Trustor's obligations under this Deed of Trust, Trustee or Lender may exercise <br />any one or more of the following rights and remedies: <br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Note <br />secured hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and <br />the same shall thereupon become due and payable without any presentment, demand, protest or notice of any <br />kind. Thereafter, Lender may: <br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver <br />appointed by a court and without regard to the adequacy of its security, enter upon and take possession <br />